*1 THE AXTCBRNEY GENERAL OF TEXAS February 25, 1976 The Honorable William A. Webb Opinion No. B-787 Acting Commissioner

Coordinating Board Re: Whether the Coorain- Texas College and University ating Board's policy Sy8tenl statement on academic P. O:Sox 12780, Capitol Station freedom and responsibil- Austin, Texa8 70711~ ity is a mandate or a recommendation.

Dear Commissioner Webb:

You have requested our opinion regarding a portion of section 61.057 of the Education Code, which reads, in perti- nent part:

To achieve excellence in the teaching of students at institutions and agencies of higher education, the [Coordinating Bloard shall:

(1) develop and recommend: ..~.

. . .

(E) minimum standards for academic freedom, academic responsibility and tenure. . . .

You ask whether an institution of higher education is required under this provision to adopt the terms of the Board's policy statement on academic freedom.

p. 3319 *2 The Honorable William A. Webb - page 2 H-787

Although the statute'clearly requires the Coordinating Board to "develop and recommend" minimum standards, it imposes no obligation upon any institution to adopt those standards. The use of the term "recommend" leaves no room for doubt. Its primary meaning is advisory rather than obligatory. In re -- Estate of Ho an, 146 N.W.Zd 257, 259 (Iowa 1966). See also mgg)$& ~~~~~B~~~~d:~:t~pdv~'~~l~~~~~ 6);oie v. Gates,116 Cal. Rptr. P.2a 943, 946.M. 172, 170 (Ct. App. 1974). &i~is~ our opinion that an institution of higher education is not required by section 61:057 of the Education Code to adopt the terms of the Coordinating Board's policy statement on academic freedom. We express no view on your second question which asks whether or in what manner the Board should modify the langage of its policy statement.

SUMMARY An institution of higher education is not required by section 61.057 of the Education Code to adopt the terms of the Coordinating Soard's policy state- ment on academic freedom.

Very truly yours, &PROVED:

Opinion Committee

jwb

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